[Federal Register Volume 75, Number 20 (Monday, February 1, 2010)]
[Proposed Rules]
[Pages 5016-5032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2015]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0910051338-0034-01]
RIN 0648-AY29


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 44

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comment.

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SUMMARY: NMFS proposes regulations to implement measures in Framework 
Adjustment 44 (FW 44) to the Northeast Multispecies Fishery Management 
Plan (FMP), and specifications for the FMP for fishing years (FY) 2010-
2012. FW 44 measures and specifications, if approved, would be 
implemented in conjunction with approved measures in Amendment 16 to 
the FMP, as well as with approved sector operations plans authorized 
under the FMP. Specifically, FW 44 would modify the Gulf of Maine (GOM) 
cod and pollock trip limits proposed in Amendment 16; provide the 
Regional Administrator (RA) authority to implement inseason trip limits 
and/or differential day-at-sea (DAS) counting for any groundfish stock 
in order to prevent catch from exceeding the Annual Catch Limit (ACL); 
and specify Overfishing Levels (OFLs), Acceptable Biological Catch 
levels (ABCs), and ACLs for all 20 groundfish stocks in the FMP for 
fishing years 2010 through 2012, as well as the Total Allowable Catches 
(TACs) for transboundary Georges Bank (GB) stocks. NMFS also proposes 
in this rule, pursuant to current Regional Administratory authority 
under the FMP, to allocate zero trips to the Closed Area II Yellowtail 
Flounder Special Access Program (SAP); limit the Eastern U.S./Canada 
Haddock SAP to the use of Category A DAS for common pool vessels; delay 
the opening of the Eastern U.S./Canada Management Area for trawl 
vessels; and implement a GB yellowtail flounder trip limit of 2,500 lb 
(1,125 kg). Finally, this rule would make technical corrections to 
proposed Amendment 16 regulations.

DATES: Comments must be received by March 1, 2010.

ADDRESSES: You may submit comments, identified by 0648-AY29, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-rulemaking portal: http://www.regulations.gov.
     Mail: Paper, disk, or CD-ROM comments should be sent to 
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries 
Service, 55 Great Republic Drive, Gloucester, MA 01930-2276. Mark the 
outside of the envelope: ``Comments on FW 44 Proposed Rule.''
     Fax: (978) 281-9135, Attn: Tom Warren
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. All comments received are part of 
the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter ``N/A'' in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.
    NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA), 
which is contained in the Classification section of this proposed rule. 
Copies of the Environmental Assessment (EA) prepared for this rule may 
be found at the following internet address: http://www.nero.noaa.gov/nero/regs/frdoc/10/10MultiFW44EA.pdf.

FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst, 
(978) 281-9347, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Pursuant to the biennial adjustment process 
of the FMP, the New England Fishery Management Council (Council) 
developed Amendment 16 to implement a wide range of revisions to 
management measures based on the results of the most recent stock 
assessment (Groundfish Assessment Review Meeting; GARM III; August 
2008). A notice of availability for Amendment 16, including the Final 
Environmental Impact Statement, as submitted by the Council for review 
by

[[Page 5017]]

the Secretary of Commerce (Secretary), was published in the Federal 
Register on October 23, 2009 (74 FR 54773). A proposed rule for 
Amendment 16 was published on December 31, 2009 (74 FR 69382). Based on 
GARM III estimates of fishing mortality and stock size (biomass) in 
2007, and subsequent estimates of fishing mortality, Amendment 16 
proposes a suite of management measures to continue the rebuilding of 
groundfish stocks; an expanded sector management program; and a process 
for biennial specification of OFLs, ABCs, and ACLs. The analysis 
accompanying Amendment 16 indicates that the proposed management 
measures would achieve these objectives.
    However, notwithstanding the Amendment 16 analysis, NMFS, based 
upon industry concerns regarding the effectiveness of Amendment 16 
common pool measures, requested that the Council reconsider these 
measures at its September 2009 meeting. Specifically, industry 
expressed concern that assumptions inherent in Amendment 16 may be 
invalid, and therefore the Amendment 16 proposed measures may not be 
restrictive enough to prevent the ACLs from being exceeded 
(particularly for GOM cod and pollock). In particular, industry members 
noted that fishery participants may modify their effort behavior, for 
example by dropping out of sectors prior to the start of the fishing 
year and deciding to fish instead in the common pool, if there is the 
perception that common pool measures provide better fishing 
opportunities than sectors. Industry members also raised the 
possibility that Amendment 16 trip limit levels may result in over-
harvest of ACLs for these stocks. For example, based on preliminary 
information, a relatively large number of DAS may be allocated to the 
common pool (3,601 DAS), compared to the relatively low proposed GOM 
cod ACL for the common pool (337 mt; 742,937 lb). Moreover, the 
Amendment 16 trip limits for GOM cod are relatively high, at 2,000 lb 
(907.2 kg)/DAS, up to 12,000 lb (5,443.2 kg)/trip for GOM cod. As a 
result of these allocations, it may be possible for GOM cod ACL to be 
exceeded by the common pool participants. Based upon this concern, and 
because it is not possible to determine with certainty in advance 
whether the analytical assumptions in Amendment 16 will be determined 
to be valid, the Council developed more restrictive management measures 
in FW 44 at its November 2009 meeting.
    The measures in and authority for FW 44 are based in large part on 
Amendment 16 being implemented. In addition, FW 44 would modify 
proposed Amendment 16 measures. For that reason, if it is approved, FW 
44 cannot be implemented until Amendment 16 (if approved) becomes 
effective. Moreover, FW 44 measures also affect fishing activities of 
the many new sector operations being proposed in concurrent actions. If 
approved, FW 44 will become effective at the same time and in 
conjunction with Amendment 16, and therefore would be in place when new 
sector fishing operations begin on May 1, 2010. FW 44 proposes the 
following management measures and specifications:

Management Measures

1. Regional Administrator Authority

    Under FW 44, the NMFS RA, Northeast Region, would be given the 
authority to modify landing limits for any Northeast (NE) multispecies 
stock and/or DAS counting rates at any time during the FY to reduce the 
likelihood that ACLs of allocated NE multispecies stocks would be 
exceeded, or to facilitate the harvesting of ACLs. For example, if, 
based on available information regarding catch of a particular stock, 
NMFS projects that the ACL will be exceeded prior to the end of the 
fishing year, the RA may implement a more restrictive landing limit for 
that stock that would be effective for the remainder of the fishing 
year, unless further modified. Alternatively, for the same stock, the 
RA could instead decide to implement a more restrictive DAS counting 
rate in the geographic area that pertains to the stock (or implement a 
change to both a possession limit and DAS counting rate). A 
modification to the DAS counting rate, under this example, would apply 
to one or more of the differential DAS counting areas proposed in 
Amendment 16 that correspond to the pertinent stock(s) (e.g., Inshore 
GOM Differential DAS Area; Offshore GOM Differential DAS Area; Inshore 
GB Differential DAS Area; Offshore GB Differential DAS Area; and 
Southern New England/Mid-Atlantic (SNE/MA) Differential DAS Area). This 
inseason adjustment could be implemented by the RA even on the first 
day of the fishing year. Thus, beginning in FY 2011, the RA could 
adjust the inseason DAS counting rate, in addition to the adjustment to 
the DAS counting rate that would be triggered under Amendment 16 as an 
accountability measure (AM), in response to exceeding an ACL during the 
previous FY.
    Although NMFS is not proposing the RA use this new authority at the 
beginning of FY 2010, NMFS is nonetheless concerned that the ACLs for 
certain stocks may be exceeded in FY 2010, which would trigger 
accountability measures in FY 2011. To address the concern for stocks 
such as GOM winter flounder and GB cod (stocks for which the proposed 
ACLs are substantially less than recent catch levels), NMFS will 
monitor catch rates closely and be prepared to implement effort 
restrictions early in FY 2010, if necessary.

2. Modification to Amendment 16 Proposed Possession Limits

    FW 44 would modify the proposed Amendment 16 GOM cod trip limit and 
replace it with the current, status quo trip limit for GOM cod. 
Specifically, for limited access DAS vessels, FW 44 would replace the 
proposed Amendment 16 GOM cod limit of 2,000 lb (907.2 kg) up to 12,000 
lb (5,443.2 kg)/trip, with the status quo GOM cod trip limit of 800 lb 
(362.9 kg)/DAS, up to 4,000 lb (1,818.4 kg)/trip. For vessels with a 
limited access Handgear A or open access Handgear B permit, FW 44 would 
also replace the proposed Amendment 16 cod limits of 750 lb (340.2 kg) 
and 200 lb (90.7 kg), respectively, with the status quo trip limits of 
300 lb (136.1 kg) and 75 lb (34 kg) per trip. In addition, FW 44 would 
implement a new trip limit for pollock of 1,000 lb (453.6 kg)/DAS, up 
to 10,000 lb (4,536.0 kg)/trip. Currently there is no trip limit for 
pollock, nor is there one proposed in Amendment 16. The proposed FW 44 
trip limits are intended to reduce the likelihood of exceeding the GOM 
cod and pollock ACLs.

3. Requirement for Limited Access Scallop Vessels To Land Yellowtail 
Flounder

    In conjunction with the allocations of yellowtail flounder to the 
scallop fishery (described below under ``specifications''), vessels 
with a Federal limited access scallop permit are required to land all 
legal-sized yellowtail flounder to reduce discarding. This provision 
may also provide an incentive for scallop vessels to minimize the catch 
of yellowtail flounder, if landing yellowtail flounder is not cost-
effective.

Specifications

    The Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act), 16 U.S.C. 1361-1423h, requires ACLs to be 
implemented in FY 2010 for stocks determined to be subject to 
overfishing, and in FY 2011 for all other stocks. Amendment 16 proposes 
a biennial

[[Page 5018]]

process for specification of ACLs (and OFLs and ABCs) for all stocks as 
of FY 2010. Pursuant to the Amendment 16 proposed process, for FY 2010-
2012 FW 44 would specify OFLs, ABCs, and ACLs, as well as incidental 
catch TACs for all stocks covered by the Northeast Multispecies FMP. In 
addition, pursuant to current FMP requirements, the Council, in this 
rule, recommends annual specifications of U.S./Canada Management Area 
TACs. Therefore, as described in further detail below, FW 44 proposes 
to specify U.S./Canada TACs; delay the opening of the Eastern U.S./
Canada Management Area for trawl vessels for FY 2010; allocate zero 
trips for the CA II Yellowtail Flounder SAP, limit the Eastern U.S./
Canada Haddock SAP to the use of Category A DAS for common pool 
vessels, and implement a GB yellowtail flounder trip limit of 2,500 lb 
(1,125 kg). The Regional Administrator has authority to modify 
management measures for the U.S./Canada Management Area, as well as 
modify certain SAP regulations.
    FW 44 proposes the following specifications:

1. OFLs and ABCs

    Table 1 contains FW 44 proposed OFLs and ABCs for FY 2010-2012, 
based on GARM III stock assessments (2008), for all stocks with the 
exception of GB yellowtail flounder, for which the ABC is based on the 
Transboundary Resource Assessment Committee stock assessment of 2009. 
It is anticipated that the FY 2011 and 2012 values of the GB yellowtail 
flounder ABC will be revised during 2010 and 2011, respectively, based 
on new transboundary stock assessments. The OFLs and ABCs for FY 2012 
will likely be revised during the next biennial adjustment process 
(during 2011), but are being specified at this time in the event that 
the next biennial adjustment process does not result in the timely 
implementation of revised 2012 catch specifications.
    The OFL value for a stock is calculated using the estimated stock 
size for a particular year, and represents the amount of catch 
associated with Fmsy, i.e., the fishing mortality rate that, if applied 
over the long term, would result in maximum sustainable yield (MSY). 
The ABCs are those recommended by the Council's Scientific and 
Statistical Committee (SSC), and are lower than the OFLs in order to 
take into account scientific uncertainty in setting catch limits. The 
ABC value for a stock is calculated using the estimated stock size for 
a particular year, and for all stocks, with the exception of SNE/MA 
winter flounder, represents the amount of catch associated with 75 
percent of Fmsy, or the F rate required to rebuild the stock within the 
defined rebuilding time period (Frebuild), whichever is lower. For SNE/
MA winter flounder, the ABC was calculated using the F expected to 
result from management measures designed to achieve an F as close to 
zero as practicable. This ABC is consistent with the SSC recommendation 
that for stocks that cannot rebuild to Bmsy in the specified rebuilding 
period, even with no fishing, the ABC should be based on incidental 
bycatch, including a reduction in bycatch rate (i.e., the proportion of 
the stock caught as bycatch).
    According to FW 44, for all stocks, with the exception of those 
with index-based stock assessments (where no information was provided), 
the probability that the ABC catch would result in overfishing (F>Fmsy) 
is less than 20 percent. The highest probability of overfishing is 
associated with GB winter flounder (0.184, 0.191, and 0.199 for 2010, 
2011, and 2012, respectively). The ABC values for GB cod and GB haddock 
for FY 2011 and 2012 are maximum values, because no Canadian catch has 
been deducted from the overall ABC, and therefore will likely be 
specified again in conjunction with the 2011 and 2012 U.S./Canada TACs. 
The FY 2011 and 2012 U.S. ABCs for GB cod and GB haddock will therefore 
be lower than the values in Table 1 in order to take into account 
Canadian catch. For example, for FY 2010, the amount of reduction to 
the overall ABC for GB cod and GB haddock was 1,012 mt and 17,612 mt, 
respectively, which represent the Canadian portion of the shared TACs 
(Table 7).

                   Table 1--Overfishing Levels and Acceptable Biological Catches for 2010-2012
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                                                     OFL                                  U.S. ABC
             ** Stock              -----------------------------------------------------------------------------
                                        2010         2011         2012         2010         2011         2012
----------------------------------------------------------------------------------------------------------------
GB cod............................        6,272        7,311        8,090        3,800      * 5,616      * 6,214
GOM cod...........................       11,089       11,715       11,742        8,530        9,012        9,018
GB hadk...........................       80,007       59,948       51,150       44,903     * 46,784     * 39,846
GOM hadk..........................        1,617        1,536        1,296        1,265        1,206        1,013
GB ytail..........................        5,148        6,083        7,094        1,200        1,081        1,226
SNE ytail.........................        1,553        2,174        3,166          493          687        1,003
CC ytail..........................        1,124        1,355        1,508          863        1,041        1,159
Plaice............................        4,110        4,483        4,727        3,156        3,444        3,632
Witch.............................        1,239        1,792        2,141          994        1,369        1,639
GB winter.........................        2,660        2,886        3,297        2,052        2,224        2,543
GOM winter........................          441          570          685          238          238          238
SNE winter........................        1,568        2,117        2,830          644          897        1,198
Redfish...........................        9,899       10,903       12,036        7,586        8,356        9,224
White hake........................        4,130        4,805        5,306        2,832        3,295        3,638
Pollock...........................        5,085        5,085        5,085        3,293        3,293        3,293
N. window.........................          225          225          225          169          169          169
S. window.........................          317          317          317          237          237          237
Ocean pout........................          361          361          361          271          271          271
Halibut...........................          119          130          143           71           78           85
Wolffish..........................           92           92           92           83           83           83
----------------------------------------------------------------------------------------------------------------
** GB = Georges Bank; GOM = Gulf of Maine; hadk = haddock; ytail = yellowtail flounder; SNE = Southern New
  England/Mid-Atlantic; CC = Cape Cod/GOM; plaice = American plaice; witch = witch flounder; winter = winter
  flounder; N = north; S = south; window = windowpane flounder.
* Preliminary.


[[Page 5019]]

2. ACLs

    Pursuant to Magnuson-Stevens Act requirements and Amendment 16, the 
Council recommended ACLs that are lower than the ABCs, in order to 
account for management uncertainty. The total ACL for a stock 
represents the catch limit for a particular year, considering both 
biological and management uncertainty, and the limit includes all 
sources of catch (landed and discards) and all fisheries (commercial 
and recreational groundfish fishery, state-waters catch, and non-
groundfish fisheries). The division of a single ABC value for each 
stock (for a particular FY) into sub-ACLs, and ACL-subcomponents, 
accomplishes three objectives: (1) The ABC is sub-divided to account 
for all components of the fishery and sources of fishing mortality; (2) 
allocations are made for certain fisheries; and (3) management 
uncertainty is taken into account.
    For FW 44 the ABC was sub-divided into fishery components on a 
stock-specific manner, prior to the consideration of management 
uncertainty. The following components of the fishery are reflected in 
the total ABC: Canadian share/allowance (expected Canadian catch); U.S. 
ABC (available to the U.S. fishery after accounting for Canadian 
catch); state waters (portion of ABC expected to be caught from state 
waters outside Federal management); other sub-components (expected 
catch by other non-groundfish fisheries); scallop fishery; mid-water 
trawl fishery; commercial groundfish fishery; and recreational 
groundfish fishery. The commercial groundfish sub-ACL is further 
divided into the non-sector (common pool vessels) sub-ACL and the 
sector sub-ACL, based on the total vessel enrollment in all sectors as 
of September 1, 2009, and the cumulative Potential Sector Contributions 
(PSCs) associated with those sectors, as explained in Amendment 16 and 
the proposed rule for sector operations in FY 2010.
    As indicated in the proposed rule for sector operations for FY 2010 
(74 FR 68015, December 22, 2009), sector rosters will not be finalized 
until May 1, 2010, because sectors have until April 30, 2010, to drop 
out of a sector and fish in the common pool. Therefore, it is likely 
that the FY 2010 sector sub-ACL, which is comprised of the cumulative 
PSCs of all enrolled sector members, will be reduced and the common 
pool sub-ACL will increase after publication of the final rule 
specifying ACLs.
    Despite such changes, the groundfish sub-ACL (common pool sub-ACL 
plus the sector sub-ACL) would not change. Based on the final rosters, 
NMFS intends to publish a rule in early May 2010 to modify these sub-
ACLs, and notify the public if these numbers change. It is almost 
certain that all of the FY 2011 and 2012 sub-ACLs for the common pool 
and sectors will change and be re-specified prior to FY 2011 and 2012 
due to likely annual changes to the sector rosters. Furthermore, due to 
the need to re-specify the U.S. ABCs for GB cod and GB haddock as 
described above, all sub-components of the ABCs for GB cod and GB 
haddock will be re-specified for FY 2011 and 2012, when information on 
the Canadian TACs is available.
    The numbers in this proposed rule are based on the sector rosters 
submitted to NMFS as of September 1, 2009, as indicated in the EA. In 
contrast, the proposed Annual Catch Entitlements (ACE) for sectors are 
based on rosters as of November 30, 2009. The average difference in the 
common pool sub-ACLs between this proposed rule and the sector proposed 
rule is 36 percent. The common pool sub-ACLs in the sector proposed 
rule are lower than in this proposed rule due to an increase in sector 
members between September 1 and November 30, 2009.
    The concept of management uncertainty for the purpose of developing 
ACLs in Amendment 16, was characterized as the likelihood that 
management measures will result in a level of catch that is greater 
than the catch objective. In FW 44, management uncertainty was 
evaluated for each stock, considering the following elements of the 
fishery and the FMP: enforceability; monitoring adequacy; precision of 
management tools; latent effort; and catch of groundfish in non-
groundfish fisheries. For most stocks and components of the fishery 
(ABC components), the default adjustment (reduction) to the catch level 
for a fishery component was 5 percent. For stocks with less management 
uncertainty, the adjustment was 3 percent, and for those stocks or 
components with more management uncertainty, the adjustment was 7 
percent.
    For example, the 2010 pollock ABC set by the SSC was 3,813 mt. 
Excluding the estimated Canadian pollock catch of 520 mt, the U.S. ABC 
in 2010 for pollock amounts to 3,293 mt (Table 1). Approximately 6 
percent of the U.S. ABC is used to account for anticipated state-waters 
catch (200 mt), 6 percent accounts for anticipated pollock catch by 
non-groundfish fisheries (other sub-components), and the remaining 
2,893 mt is allocated to the groundfish fishery (3,293 - 200 - 200 = 
2,893 mt). To account for management uncertainty, this amount was 
reduced by 5 percent (144 mt) from 2,893 mt,, resulting in a groundfish 
sub-ACL of 2,748 mt (2,893 - 144 = 2,748 mt) (Table 3).
    Several components of the FW 44 ABCs are notable, because they are 
atypical. For example, an allocation of yellowtail flounder to the 
scallop fishery is proposed in recognition of the importance of 
yellowtail flounder to the prosecution of the scallop fishery. For FY 
2010, the scallop fishery would be allocated 100 percent of the 
estimated yellowtail flounder (for GB and CC/GOM stocks) that is 
associated with the projected scallop catch in FY 2010, although this 
allocation is not a ``hard'' TAC. For FY 2011 and 2012, NMFS proposes 
in FW 44 to allocate to the scallop fishery 90 percent of the 
yellowtail flounder the scallop fishery is projected to catch (Table 
2). Allocating to the scallop fishery only 90 percent of the yellowtail 
flounder that the fishery is expected to catch is intended to 
incentivize the scallop fishermen to reduce its bycatch of yellowtail 
flounder.
    At the January 27, 2010 Council meeting, the Council is expected to 
review and possibly reconsider Framework Adjustment 21 (FW 21) to the 
Atlantic Sea Scallop FMP (FW 21), which includes measures that 
determine the amount of scallops that would be caught during FY 2010. 
Because the FW 44 yellowtail flounder allocation to the scallop fishery 
is based on the amount of projected scallop harvest, a modification to 
FW 21 could affect the proposed FW 44 allocation of yellowtail flounder 
to both the scallop and the NE multispecies fisheries. The outcome of 
the Council's January 2010, review of FW 21 is unknown at the time this 
document was going to publication. However, even if the yellowtail 
flounder allocations are not changed in FW 44, a modification of the 
scallop management program could change the impacts of the yellowtail 
flounder allocations, such that they are different than analyzed in the 
FW 44 EA.
    The FW 44 EA contains a brief discussion of the potential effects 
on the environment, including the human environment, of modifying the 
scallop management program. If necessary, the FW 44 EA will be revised 
by including supplemental analyses, and the FW 44 final rule would 
reflect the revised specifications. For FY 2010, a change in the 
Scallop FMP that would allow additional scallop effort, and a 
recommendation for a larger allocation of yellowtail flounder, would 
result in increased revenue to the scallop fishery

[[Page 5020]]

due to the additional yellowtail landed by scallop vessels. Conversely, 
with respect to the groundfish fishery, allocating additional 
yellowtail flounder to the scallop fleet would result in lost revenue 
for the NE multispecies fishery. Based on FW 21 information, the total 
amount of GB and SNE/MA yellowtail flounder allocated to the scallop 
fishery could be up to 146 mt and 135 mt, respectively. These amounts 
would increase, by 36 mt and 24 mt for GB and SNE/MA yellowtail, 
respectively the currently proposed allocations to the scallop fishery. 
The EA estimates that the value of each metric ton of yellowtail 
flounder to the NE multispecies fishery ranges from a low of $3,296 to 
a high of $41,176. Further, the specified allocations of yellowtail 
flounder for the scallop fishery may be revised for FY 2011 or 2012, 
based on updated scallop and yellowtail flounder stock information, or 
on future scallop fishery access area measures.
    No specific allocation of CC/GOM yellowtail flounder would be made 
to the scallop fishery because the incidental catches of this stock by 
the scallop fishery are relatively low. Catches of this stock will be 
considered part of the ``other sub-component'' of the ACL.
    The FY 2010 yellowtail flounder allocations to the scallop fishery 
are characterized as ACL sub-components (no short-term associated AMs), 
and the FY 2011 and 2012 allocations are characterized as sub-ACLs. 
Under the current Atlantic Sea Scallop FMP, if the scallop fishery 
harvests in excess of the yellowtail flounder sub-components specified 
for the fishery for FY 2010 (110 mt and 111 mt for GB and SNE/MA, 
respectively), no scallop management measures will be triggered. The 
Council has decided to develop AMs for the Atlantic Sea Scallop FMP 
that would be responsive to yellowtail flounder catches in excess of 
the sub-ACL, beginning in FY 2011. The precise mechanism and scope of 
future scallop AMs, is unknown. Current regulations set a cap on the 
amount of yellowtail flounder that may be harvested from the scallop 
access areas from the SNE/MA and GB yellowtail flounder stock areas. 
Specifically, current regulations cap yellowtail flounder harvest from 
scallop access areas at 10 percent of the ``total TAC'' for each of the 
stock areas. In light of the proposed ACL components, ``total TAC'' 
means ``total ACL'', i.e., 10 percent of 1,169 mt (117 mt) and 468 mt 
(47 mt) for FY 2010 for GB and SNE/MA yellowtail flounder, respectively 
(see Table 3).
    Under this action, the mid-water trawl fishery would be allocated 
0.2 percent of the U.S. ABC for GB and GOM haddock. The values for the 
allocations to the mid-water trawl fishery listed in Table 2 are 
slightly less than 0.2 percent, due to the 7 percent reduction of these 
allocations to account for management uncertainty for this stock. To 
determine the mid-water trawl fishery's allocation of GB haddock, 
therefore, the ABC of 44,903 mt was multiplied by 0.002, and then 
reduced by 6.3 mt (44,903 mt X .002 = 89.8 mt; 89.8 mt -6.3 mt = 83.5 
mt). For GOM haddock, the ABC of 1,265 mt was multiplied by 0.002, and 
then reduced by 0.18 (1,265 mt X .002 = 2.53 mt; 2.53 mt -0.18 mt = 2.4 
mt). All the haddock allocations to the mid-water trawl fishery are 
characterized as sub-ACLs (associated with AMs, as explained below). A 
percentage of the U.S. ABC for GOM haddock and GOM cod would be 
allocated to the recreational fishery, based on a split of ABC among 
commercial and recreational components of the fishery (72.5 percent and 
27.5 percent for haddock; 66.3 percent and 33.7 percent for cod, 
respectively)(Table 2). All the recreational allocations to the 
groundfish fishery are characterized as sub-ACLs.

 Table 2--Allocations to the Scallop Fishery, Mid-Water Trawl Fishery, and Recreational Groundfish Fishery (mt)
----------------------------------------------------------------------------------------------------------------
                                                                 FY 2010           FY 2011           FY 2012
----------------------------------------------------------------------------------------------------------------
                                                 Scallop Fishery
----------------------------------------------------------------------------------------------------------------
Yellowtail flounder stock:
    GB....................................................               110               197               308
    SNE/MA................................................               111                80               126
----------------------------------------------------------------------------------------------------------------
                                             Mid-Water Trawl Fishery
----------------------------------------------------------------------------------------------------------------
Haddock stock:
    GB....................................................                84                87                74
    GOM...................................................                 2                 2                 2
----------------------------------------------------------------------------------------------------------------
                                         Recreational Groundfish Fishery
----------------------------------------------------------------------------------------------------------------
GOM stock:
    GOM cod...............................................             2,673             2,824             2,826
    GOM haddock...........................................               324               308               259
----------------------------------------------------------------------------------------------------------------

    For most stocks the percentage of the ABC deducted for anticipated 
catch from state waters is between 1 and 10 percent, with the exception 
of Atlantic halibut and GOM winter flounder, for which 50 percent and 
35 percent, respectively, are deducted from the ABC.
    Amendment 16 would implement a system in which a sub-ACL has an AM 
that would be triggered if the catch exceeds the specified amount. In 
contrast, an ACL-subcomponent does not have an automatic short-term AM 
that is triggered if the catch exceeds the specified amount, although 
there would be accountability through the evaluation of the catch of 
all sub-components during the next biennial adjustment to determine if 
the size of the ACL-subcomponents needs to be adjusted for subsequent 
fishing years. However, if the total catch exceeds the total ACL, AMs 
would be triggered, as explained in detail in the Amendment 16 proposed 
rule. Tables 3, 4, and 5 contain the total ACLs, sub-ACLs, and ACL-
subcomponents for FY 2010, 2011, and 2012, respectively (with the 
exception of the scallop and mid-water trawl components in Table 2). 
The sector sub-ACLs for five stocks are zero, because no

[[Page 5021]]

possession of these stocks is allowed for either common-pool or sector 
vessels.

                                         Table 3--Total ACLs, Sub-ACLs, and ACL-Subcomponents for FY 2010 (mt) *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Preliminary                    State waters
                          Stock                              Total ACL    Groundfish sub-   common-pool     Preliminary        ACL-         Other ACL-
                                                                                ACL           sub-ACL     sector sub-ACL   subcomponent    subcomponents
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB cod..................................................           3,620           3,430             174           3,256              38             152
GOM cod.................................................           8,088           7,240             337           4,230             566             283
GB hadk.................................................          42,768          40,440           1,127          39,313             449           1,796
GOM hadk................................................           1,197           1,149              39             786               9              37
GB ytail................................................           1,169             999              65             934               0              60
SNE ytail...............................................             468             322              91             241               5              20
CC ytail................................................             822             779              52             727               9              35
Plaice..................................................           3,006           2,848             184           2,665              32             126
Witch...................................................             899             852              42             810               9              38
GB winter...............................................           1,955           1,852              55           1,797               0             103
GOM winter..............................................             230             158              26             132              60              12
SNE winter..............................................             605             520             520               0              53              32
Redfish.................................................           7,226           6,848             234           6,613              76             303
White hake..............................................           2,697           2,566             121           2,435              28             113
Pollock.................................................           3,148           2,748             118           2,630             200             200
N. window...............................................             161             110             110               0               2              49
S. window...............................................             225             154             154               0               2              69
Ocean pout..............................................             253             239             239               0               3              11
Halibut.................................................              69              30              30               0              36               4
Wolffish................................................              77              73              73               0               1               3
--------------------------------------------------------------------------------------------------------------------------------------------------------
* See Table 2 for allocations to scallop, mid-water trawl, and recreational fisheries.


                                         Table 4--Total ACLs, Sub-ACLs, and ACL-Subcomponents for FY 2011 (mt) *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Preliminary                    State waters
                          Stock                              Total ACL    Groundfish sub-   common-pool     Preliminary        ACL-         Other ACL-
                                                                                ACL           sub-ACL     sector sub-ACL   subcomponent    subcomponents
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB cod..................................................           5,349           5,068             257           4,812              56             225
GOM cod.................................................           8,545           7,649             356           4,469             597             299
GB hadk.................................................          44,560          42,134           1,174          40,959             468           1,871
GOM hadk................................................           1,141           1,095              37             749               9              35
GB ytail................................................           1,050             799              52             747               0              54
SNE ytail...............................................             641             527             144             383               7              27
CC ytail................................................             992             940              63             867              10              42
Plaice..................................................           3,280           3,108             200           2,908              34             138
Witch...................................................           1,304           1,236              61           1,174              14              55
GB winter...............................................           2,118           2,007              60           1,948               0             111
GOM winter..............................................             230             158              26             132              60              12
SNE winter..............................................             842             726             726               0              72              45
Redfish.................................................           7,959           7,541             257           7,284              84             334
White hake..............................................           3,138           2,566             141           2,833              33             132
Pollock.................................................           3,148           2,974             118           2,630             200             200
N. window...............................................             161             110             110               0               2              49
S. window...............................................             225             154             154               0               2              69
Ocean pout..............................................             253             239             239               0               3              11
Halibut.................................................              76              33              33               0              39               4
Wolffish................................................              77              73              73               0               1               3
--------------------------------------------------------------------------------------------------------------------------------------------------------
* See Table 2 for allocations to scallop, mid-water trawl and recreational fisheries.


                                         Table 5--Total ACLs, Sub-ACLs, and ACL-Subcomponents for FY 2012 (mt) *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Preliminary                    State waters
                          Stock                              Total ACL    Groundfish sub-   common-pool     Preliminary        ACL-         Other ACL-
                                                                                ACL           sub-ACL     sector sub-ACL   subcomponent    subcomponents
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB cod..................................................           5,919           5,608             284           5,324              62             249
GOM cod.................................................           8,551           7,654             356           4,472             598             299
GB hadk.................................................          37,952          35,885           1,000          34,885             398           1,594
GOM hadk................................................             959             920              31             630               7              29
GB ytail................................................           1,191             822              53             769               0              61
SNE ytail...............................................             936             760             208             552              10              40
CC ytail................................................           1,104           1,046              70             976              12              46
Plaice..................................................           3,459           3,278             211           3,067              36             145
Witch...................................................           1,561           1,479              73           1,406              16              66
GB winter...............................................           2,422           2,295              68           2,227               0             127

[[Page 5022]]

 
GOM winter..............................................             230             158              26             132              60              12
SNE winter..............................................           1,125             969             969               0              96              60
Redfish.................................................           8,786           8,325             284           8,041              92             369
White hake..............................................           3,465           3,283             156           3,128              36             146
Pollock.................................................           3,148           2,748             118           2,630             200             200
N. window...............................................             161             110             110               0               2              49
S. window...............................................             225             154             154               0               2              69
Ocean pout..............................................             253             239             239               0               3              11
Halibut.................................................              83              36              36               0              43               4
Wolffish................................................              77              73              73               0               1               3
--------------------------------------------------------------------------------------------------------------------------------------------------------
* See Table 2 for allocations to scallop, mid-water trawl, and recreational fisheries.

3. Revisions to Incidental Catch TACs and Allocations to Special 
Management Programs

    This proposed rule specifies incidental catch TACs applicable to 
the NE multispecies Special Management Programs for FY 2010-2012, based 
on the proposed ACLs and the FMP. Incidental catch TACs are specified 
for certain stocks of concern for common pool vessels fishing in the 
Special Management Programs, in order to limit the amount of catch of 
stocks of concern that can be caught under such programs. A stock of 
concern is defined as a stock that is in an overfished condition or 
subject to overfishing. The Incidental Catch TACs proposed below are 
consistent with the proposed Amendment 16 changes to the allocation of 
incidental catch TACs among Special Management Programs. Pursuant to 
Amendment 16, new incidental catch TACs are required for GOM winter 
flounder and pollock, because they are now considered stocks of 
concern. Although American plaice is technically no longer a stock of 
concern, Amendment 16 retains the incidental catch TAC for this stock 
because the stock is far from rebuilt. The incidental catch TACs apply 
to catch (landings and discards) caught under Category B DAS (either 
Regular or Reserve B DAS) on trips that end on a Category B DAS. The 
catch of stocks for which incidental catch TACs are specified on trips 
that start under a Category B DAS and then flip to a Category A DAS do 
not accrue toward such TACs. Due to the need to re-specify the U.S. ABC 
for GB cod, as described above, the incidental catch TAC for GB cod 
will be re-specified for FY 2011 and 2012, when information on the 
Canadian TACs are available. The incidental catch TACs by stock based 
on the common pool sub-ACL are shown in Table 6 below.

                          Table 6--Incidental Catch TACs by Stock for FY 2010-2012 (mt)
----------------------------------------------------------------------------------------------------------------
                                      Percentage of sub-  2010 incidental    2011 incidental    2012 incidental
                Stock                        ACL             catch TAC          catch TAC          catch TAC
----------------------------------------------------------------------------------------------------------------
GB cod..............................                  2                3.5                5.1                5.7
GOM cod.............................                  1                3.4                3.6                3.6
GB yellowtail.......................                  2                1.3                1.0                1.1
CC/GOM yellowtail...................                  1                0.5                0.6                0.7
SNE/MA yellowtail...................                  1                0.9                1.4                2.1
Plaice..............................                  5                9.2               10.0               10.6
Witch flounder......................                  5                2.1                3.1                3.7
SNE/MA winter flounder..............                  1                5.2                7.3                9.7
GB winter...........................                  2                1.1                1.2                1.4
White hake..........................                  2                2.4                2.8                3.1
Pollock.............................                  2                2.4                2.4                2.4
----------------------------------------------------------------------------------------------------------------


                 Table 7--Allocation of Incidental Catch TACs Among Special Management Programs
----------------------------------------------------------------------------------------------------------------
                                                                                   Closed area I   Eastern U.S./
                              Stock                                Regular B DAS     hook gear    Canada haddock
                                                                     program %     haddock SAP %       SAP %
----------------------------------------------------------------------------------------------------------------
GB cod..........................................................              50              16              34
GOM cod.........................................................             100              na              na
GB yellowtail...................................................              50              na              50
CC/GOM yellowtail...............................................             100              na              na
SNE/MA yellowtail...............................................             100              na              na
Plaice..........................................................             100              na              na
Witch flounder..................................................             100              na              na
SNE/MA winter flounder..........................................             100              na              na
GB winter.......................................................              50              na              50
White hake......................................................             100              na              na
Pollock.........................................................              50              16              34
----------------------------------------------------------------------------------------------------------------


[[Page 5023]]


                              Table 8--Incidental Catch TACs for Special Management Programs by Stock for FY 2010-2012 (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                             Stock                                  Regular B DAS program        Closed area I hook gear     Eastern U.S./Canada haddock
---------------------------------------------------------------------------------------------          haddock SAP                       SAP
                                                                                             -----------------------------------------------------------
                                                                  2010      2011      2012      2010      2011      2012      2010      2011      2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB cod........................................................       1.7       2.6       2.8       0.6       0.8       0.9       1.2       1.7       1.9
GOM cod.......................................................       3.4       3.6       3.6  ........  ........  ........  ........  ........  ........
GB yellowtail.................................................       0.6       0.5       0.5  ........  ........  ........       0.6       0.5       0.5
CC/GOM yellowtail.............................................       0.5       0.6       0.7  ........  ........  ........  ........  ........  ........
SNE/MA yellowtail.............................................       0.9       1.4       2.1  ........  ........  ........  ........  ........  ........
Plaice........................................................       9.2      10.0      10.6  ........  ........  ........  ........  ........  ........
Witch flounder................................................       2.1       3.1       3.7  ........  ........  ........  ........  ........  ........
SNE/MA winter flounder........................................       1.1       1.2       1.4  ........  ........  ........  ........  ........  ........
GB winter.....................................................       1.2       1.4       1.6  ........  ........  ........       1.2       1.4       1.6
White hake....................................................       5.2       7.3       9.7  ........  ........  ........  ........  ........  ........
Pollock.......................................................       1.2       1.2       1.2       0.4       0.4       0.4       0.8       0.8       0.8
--------------------------------------------------------------------------------------------------------------------------------------------------------

6. Annual Specifications for U.S./Canada Management Area

    The FMP specifies a procedure for setting annual hard TAC levels 
(i.e., the fishery or area closes when a TAC is reached) for Eastern GB 
cod, Eastern GB haddock, and GB yellowtail flounder in the U.S./Canada 
Management Area. The regulations governing the annual development of 
TACs were authorized by Amendment 13 to the FMP in order to be 
consistent with the U.S./Canada Resource Sharing Understanding 
(Understanding), which is an informal understanding between the 
Northeast Region of NMFS and the Maritimes Region of the Department of 
Fisheries and Ocean of Canada (DFO) that outlines a process for the 
management of the shared GB groundfish resources. The Understanding 
specifies an allocation of TAC for these three stocks for each country, 
based on a formula that considers historical catch percentages and 
current resource distribution.
    Annual TACs are determined through a process involving the Council, 
the Transboundary Management Guidance Committee (TMGC), and the U.S./
Canada Transboundary Resources Steering Committee. In September 2009, 
the TMGC approved the 2009 Guidance Document for Eastern GB cod and 
Eastern GB haddock, which included recommended U.S. TACs for these 
stocks. Although the TMGC also approved the Guidance Document for GB 
yellowtail flounder, the TMGC was not able to agree on a shared TAC for 
GB yellowtail flounder.
    The U.S. delegation proposed 1,500 mt for the shared GB yellowtail 
flounder TAC, based on the SSC recommendation. The Canadians supported 
a larger shared TAC of 2,700 m. Due to the Magnuson-Stevens Act and FMP 
rebuilding plan for GB yellowtail flounder, the United States was 
constrained to the lower level it proposed, and the TMGC was unable to 
reach a consensus on an appropriate shared catch for GB yellowtail, and 
acknowledged this lack of consensus.
    The recommended FY 2010 TACs were based on the most recent stock 
assessments (TRAC Status Reports for 2009), and the fishing mortality 
strategy shared by NMFS, the Department of Fisheries and DFO. The 
shared strategy has two parts: (1) To maintain a low to neutral (less 
than 50-percent) risk of exceeding the F limit reference (Fref = 0.18, 
0.26, and 0.25 for cod, haddock, and yellowtail flounder, 
respectively); and (2) when stock conditions are poor, F should be 
further reduced to promote rebuilding.
    The TMGC concluded that the most appropriate combined U.S./Canada 
TAC for Eastern GB cod for FY 2010 is 1,350 mt. A 2010 TAC of 1,350 mt 
corresponds to the average of the pertinent two models for a neutral 
(50-percent) risk of biomass decline. This corresponds to a low risk 
(less than 25-percent) or neutral risk (50-percent) of exceeding the 
Fref of 0.18 (i.e., Fmsy) in FY 2010. The annual allocation shares 
between countries for FY 2010 are based on a combination of historical 
catches (10 percent weighting) and resource distribution based on trawl 
surveys (90 percent weighting). Combining these factors entitles the 
United States to 25 percent of the shared TAC and Canada to 75-percent, 
resulting in a quota of 338 mt for the United States and 1,012 mt for 
Canada.
    For Eastern GB haddock, the TMGC concluded that the most 
appropriate combined U.S./Canada TAC for FY 2010 is 29,600 mt. While 
this technically corresponds to the risk-neutral level (of exceeding F 
ref of 0.26), which assumes the entire TAC will be caught in FY 2009, 
realistically, it represents a low to neutral risk level, because the 
anticipated catch in FY 2009 will likely be less than the TAC. The 
annual allocation share recommendations between countries for FY 2010 
are based on a combination of historical catches (10-percent weighting) 
and resource distribution based on trawl surveys (90-percent 
weighting). Combining these factors results in recommended allocations 
of 40.5 percent of the shared TAC to the United States, and 59.5 
percent to Canada, or a quota of 11,988 mt for the U.S. and 17,612 mt 
for Canada.
    On September 23, 2009, the Council approved, consistent with the 
2009 Guidance Document, the following U.S. TACs recommended by the 
TMGC: 338 mt of Eastern GB cod and 11,988 mt of Eastern GB haddock. The 
Council recommended a U.S. TAC of 1,200 mt for GB yellowtail, based 
upon the SSC recommendation of 1,500 mt, minus the anticipated Canadian 
catch, estimated at 300 mt. The 300 mt is approximately the 3-year 
average of Canadian catch (2008, 2007, 2006; 151 mt, 132 mt, 590 mt, 
respectively), based upon TMGC information. The FY 2010 TACs for the 
U.S./Canada Management Area represent substantial decreases for cod (36 
percent) and yellowtail flounder (43 percent), and an increase for 
haddock, compared to the FY 2009 TACs for those species. The final GB 
yellowtail flounder sub-ACL proposed for the groundfish fishery (999 
mt; Table 3) is lower than the 1,200-mt U.S. TAC, as discussed above, 
due to the allocation to the scallop fishery and consideration of 
management uncertainty.

[[Page 5024]]



                            Table 9--2010 U.S./Canada TACs (mt) and Percentage Shares
                                                [In parentheses]
----------------------------------------------------------------------------------------------------------------
                                                                                Eastern GB      * GB Yellowtail
                                                           Eastern GB Cod        Haddock            Flounder
----------------------------------------------------------------------------------------------------------------
Total Shared TAC.......................................              1,350             29,600              1,500
U.S. TAC...............................................          338 (25%)     11,988 (40.5%)              1,200
Canada TAC.............................................        1,012 (75%)     17,612 (59.5%)                 na
----------------------------------------------------------------------------------------------------------------
* Developed unilaterally by the Council.

    The regulations related to the Understanding, promulgated by the 
final rule implementing Amendment 13, state that ``any overages of the 
GB cod, haddock, or yellowtail flounder TACs that occur in a given 
fishing year will be subtracted from the respective TAC in the 
following fishing year.'' Therefore, if an analysis of the catch of the 
shared stocks by U.S. vessels indicates that an over-harvest occurred 
during FY 2009, the pertinent components of the ACL would be adjusted 
downward in order to be consistent with the FMP and Understanding 
(including the scallop ACL-subcomponent for GB yellowtail flounder). 
Although it is very unlikely, it is possible that a very large over-
harvest could result in an adjusted TAC of zero. If an adjustment to 
one of the FY 2010 TACs of cod, haddock, or yellowtail flounder is 
necessary, it will be done consistent with the Administrative Procedure 
Act and the fishing industry will also be notified.

7. U.S./Canada Management Area Initial Measures for FY 2010.

    NMFS also proposes to implement, in conjunction with FW 44, and 
using existing authority granted to the Regional Administrator under 
the FMP, measures to optimize the harvest of the transboundary stocks 
managed under the Understanding . The regulations in 50 CFR 
648.85(a)(3)(iv)(D) provide the RA the authority to implement inseason 
adjustments to various measures in order to prevent over-harvesting, or 
to facilitate achieving the TAC.
    Although this measure is not included in FW 44, pursuant to the 
authority cited above, the Council in November 2009 voted to direct the 
RA to postpone the opening of the Eastern U.S./Canada Area for both 
sector and non-sector vessels fishing with trawl gear in FY 2010 from 
May 1, 2010 to August 1, 2010. Therefore, this action proposes such a 
delay. The objective of this measure is to prevent trawl fishing in the 
Eastern U.S./Canada Area during the time period when cod bycatch is 
likely to be very high, and to prolong access to this area in order to 
maximize the catch of available cod, haddock, and yellowtail flounder. 
To further constrain fishing mortality on GB cod, NMFS proposes that, 
in a manner similar to FYs 2008 and 2009, common pool vessels fishing 
with non-trawl gear in the Eastern U.S./Canada Area prior to August 1, 
2010, be limited to a cod catch of 5 percent of the Eastern GB cod TAC, 
or 16.9 mt of cod. This measure was successful in FYs 2008 and 2009 in 
slowing the annual catch rate of cod during the early part of the year.
    Second, NMFS is proposing to implement, in conjunction with FW 44, 
a possession limit of 2,500 lb (1,125 kg) per trip for GB yellowtail 
flounder for common pool vessels to prevent the common pool sub-ACL 
from being exceeded. Although the proposed Amendment 16 regulations 
would not implement any default initial possession limit for GB 
yellowtail flounder (i.e., unlimited at the start of the fishing year), 
NMFS is proposing this initial possession limit under its existing 
authority, in order to moderate catch to ensure fishing limits are not 
exceeding allow harvesting of the sub-ACL by the common pool, and 
decrease the likelihood that further restrictions during the FY would 
be needed to slow the catch. This possession limit is based on a 
recommendation of the Council's Groundfish Plan Development Team for a 
low GB yellowtail flounder trip limit, as well as a projected catch 
analysis for FY 2010, using current information on vessels that will 
fish in the common pool in FY 2010. If necessary, NMFS may modify this 
proposed trip limit based upon new information regarding the vessel 
composition of the common pool, or revised analytical assumptions.

8. Special Management Program Status for FY 2010

    The Regional Administrator has existing authority to allocate trips 
into the Closed Area (CA) II Yellowtail Flounder SAP and, for other 
special management programs (Regular B DAS Program; CA I Hook Gear 
Haddock SAP; and Eastern U.S./Canada Haddock SAP), has authority to 
close the program if the program would undermine achieving the 
objectives of the FMP or the SAP.
    Therefore, in conjunction with FW 44, NMFS proposes that for FY 
2010, zero trips be allocated to the CA II Yellowtail Flounder Special 
Access Program, based on a determination that the available TAC of GB 
yellowtail flounder is insufficient to support a minimum level of 
fishing activity within the CA II SAP. The Regional Administrator has 
the authority to determine the allocation of the total number of trips 
into the CA II SAP based on several criteria, including the GB 
yellowtail flounder TAC level and the amount of GB yellowtail flounder 
caught outside of the SAP. As implemented in 2005 by Framework 
Adjustment 40B (FW 40B) (70 FR 31323, June 1, 2005), zero trips to this 
SAP should be allocated if the available GB yellowtail flounder catch 
is insufficient to support at least 150 trips with a 15,000-lb (6,804-
kg) trip limit (i.e., 150 trips of 15,000 lb/trip = 2,250,000 lb (1,021 
mt) needed). This calculation takes into account the projected catch 
from the area outside of the SAP. Based on the proposed groundfish sub-
ACL, of 2,202,355 lb (999 mt), even if the projected catch from outside 
the SAP area is zero, there is still insufficient GB yellowtail 
flounder available to allow the SAP to proceed (i.e., 2,202,355 lb (999 
mt) available < 2,250,000 (1,021 mt) needed).
    NMFS also proposes, in conjunction with FW 44, to disallow the use 
of Category B DAS in the Eastern U.S./Canada Haddock SAP for common 
pool vessels in FY 2010, based on the Regional Administrator's existing 
authority to close the SAP if the program would undermine the 
achievement of the objectives of the SAP or the FMP. All of the FY 2010 
incidental catch TACs proposed for the SAP are very small (GB cod: 
2,646 lb (1.2 mt); GB yellowtail flounder: 1,323 lb (0.6 mt); pollock: 
1,724 lb (0.8 mt); and GB winter flounder: 2,646 lb (1.2 mt)), and 
would therefore be difficult to monitor. Concurrent trips by several 
vessels into the SAP, or even a single trip, could result in the 
incidental

[[Page 5025]]

TAC(s) being exceeded quickly. Based on historical information of the 
amount of GB cod caught (5,276 lb (2.4 mt)) on SAP trips that ended on 
a Category B DAS, the SAP would provide little opportunity to target 
haddock, with a high likelihood of the SAP closing upon reaching the 
incidental catch TAC for cod. Furthermore, past participation in this 
SAP was extremely low (e.g., eight trips in FY 2008). For these 
reasons, the use of Category B DAS in the SAP would be inconsistent 
with the objective of the SAP to allow access to haddock while avoiding 
or minimizing impacts on stocks of concern. Under proposed Amendment 16 
rules, sector vessels would not be restricted by the incidental catch 
TAC, and could fish in the SAP, provided they have adequate ACE for 
Eastern GB haddock (and other stocks).

9. Haddock TAC for CA I Hook Gear Haddock SAP

    FW 44 proposes specification of a haddock TAC for the CA I Hook 
Gear Haddock SAP based on the GARM III stock assessment and a formula 
implemented in FW 42. The haddock TAC in a particular year is based on 
the TAC that was specified for the SAP in 2004 (1,130 mt), and scaled 
according to the size of the exploitable biomass of western GB haddock 
compared to the biomass size in 2004 (27,313 mt). The size of the 
western component of the GB haddock stock is estimated as 35 percent of 
the size of the total GB haddock stock. Therefore, if the 2010 
exploitable biomass of haddock is projected to be 291,682 mt, the 
formula and resultant TAC is as follows: (.35)(291,682)/27,313) x 1,130 
= 4,223.7 mt. Table 10 contains the proposed CA I Hook Gear Haddock SAP 
TACs and pertinent information for FY 2010-2012.

                             Table 10--CA I Hook Gear Haddock SAP TACs FY 2010-2012.
----------------------------------------------------------------------------------------------------------------
                                                             Western GB
                                          GB Haddock          Haddock         Biomass (yr)/      TAC (mt, live
                Year                     exploitable        exploitable        biomass 2004         weight)
                                         biomass (mt)         biomass
----------------------------------------------------------------------------------------------------------------
2004................................             78,037             27,313  .................  .................
2010................................            291,682            102,089              3.738            4,223.7
2011................................            218,054             76,319              2.794            3,157.5
2012................................            177,978             62,292              2.281            2,577.2
----------------------------------------------------------------------------------------------------------------

10. Revised Stock Areas for GB Yellowtail Flounder and GB Winter 
Flounder

    In 2004, Framework Adjustment 40A (FW 40A) (69 FR 67780, November 
19, 2004) established the Regular B DAS Program to provide 
opportunities for vessels to use Category B Regular DAS to selectively 
harvest healthy stocks of haddock, while avoiding stocks of concern 
(i.e., stocks that were overfished and subject to overfishing). That 
action specified stock areas that would be closed if quarterly 
incidental TACs for stocks of concern were caught. The proposed rule to 
implement measures in Amendment 16 (74 FR 69382, December 31, 2009) 
revised these areas to specify that they would also be used to identify 
the stock areas in which possession limits are applied, and to specify 
areas in which sector allocations of ACE would apply.
    The Northeast Fisheries Science Center (Center) recently compared 
the stock areas used in stock assessments with those to be used to 
monitor the catch of ACLs in the NE multispecies fishery beginning in 
FY 2010. The stock areas identified by the Center differed slightly 
from the stock areas previously specified for the Regular B DAS Program 
under FW 40A, and the stock areas proposed in Amendment 16 for trip 
limits and sector ACEs. In particular, the stock areas identified by 
the Center for GB yellowtail flounder and GB winter flounder included 
statistical areas 522, 525, 542, 543, 561, and 562, while the stock 
areas for GB yellowtail flounder and GB winter flounder originally 
implemented under FW 40A and revised by the Amendment 16 were limited 
to statistical areas 522, 525, 561, and 562 (i.e., only the U.S./Canada 
Management Area), and did not include 542 and 543. To ensure that the 
areas used to attribute catch to stock areas for the purposes of 
monitoring ACLs correspond to the stock areas used in assessments, this 
proposed rule modifies the GB yellowtail flounder and GB winter 
flounder stock areas listed at 50 CFR 648.85(b)(6)(v)(H) and (I) in the 
Amendment 16 proposed rule to include statistical areas 542 and 543.

Classification

    At this time, NMFS has made a preliminary determination that the 
measures this proposed rule would implement are consistent with the 
FMP, MSA and other applicable laws. In making the final determination, 
NMFS will take into account the data, views, and comments received 
during the comment period.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order (E.O.) 12866.
    This proposed rule does not contain policies with Federalism or 
``takings'' implications as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    An IRFA was prepared, which is expanded upon and incorporated 
herein, as required by section 603 of the Regulatory Flexibility Act 
(RFA). Below is a summary of the IRFA, which describes the economic 
impact this proposed rule, if adopted, would have on small entities. A 
detailed description of the action, why it is being considered, and the 
legal basis for this action are contained in the preamble to this 
proposed rule, and in the Executive Summary and Section 3.2 of the EA 
prepared for this action.
    The preferred alternative would modify the Gulf of Maine (GOM) cod 
and pollock trip limits proposed in Amendment 16 by: (1) Reducing the 
GOM cod limit proposed in Amendment 16 (2,000 lb (907.2 kg)/DAS up to 
12,000 lb (5,443.2 kg/trip) to the status quo level (800 lb (362.9 kg)/
DAS up to 4,000 lb (1,814.4 kg)/trip); (2) reducing the GOM cod trip 
limit for vessels fishing under a Handgear A or Handgear B permit to 
300 lb (136.1 kg)/trip and 75 (34.0 kg)lb/trip, respectively; and (3) 
imposing a trip limit for pollock to of 1,000 lb (453.6 kg)/DAS up to 
10,000 lb (4,536 kg)/trip (Amendment 16 has no proposed possession 
limit for pollock). This alternative would also: (1) Grant the RA the 
authority to implement inseason trip limits and/or differential DAS 
counting for any groundfish stock in order to prevent catch from 
exceeding the ACL; (2) specify OFLs, ABCs, and ACLs for all 20 
groundfish stocks in the FMP for FY 2010 through 2012, as well as the 
TACs for transboundary Georges Bank (GB) stocks, and allocations of 
yellowtail flounder to the scallop fleet; (3) allocate zero trips to 
the CA II Yellowtail Flounder SAP; (4) limit the Eastern U.S./Canada 
Haddock SAP to

[[Page 5026]]

the use of Category A DAS for common pool vessels; (5) delay the 
opening of the Eastern U.S./Canada Management Area for trawl vessels; 
and (6) implement a GB yellowtail flounder trip limit of 2,500 lb 
(1,125 kg). These measures would affect regulated entities engaged in 
commercial fishing for groundfish and scallops. Sub-ACLs would also be 
set for the recreational catches of GOM cod and GOM haddock, and would 
affect regulated entities engaged in the party/charter industry.
    Under the Small Business Act (SBA), any commercial fishing vessel 
that generates $4 million in sales, or any party/charter operation with 
$7 million in annual sales, is considered a small business. Although 
multiple vessels may be owned by a single owner, tracking of ownership 
is not readily available to reliably ascertain affiliated entities. 
Therefore, for purposes of analysis each permitted vessel is treated as 
a single small entity. During FY 2008 (the most recent complete FY), 
2,732 vessels were issued a scallop and/or a NE multispecies permit. Of 
these vessels, 1,867 were issued only a NE multispecies permit, 500 
were only issued a scallop permit, and 365 were issued both a scallop 
and a NE multispecies permit. The latter include vessels that have a 
limited access scallop and a limited access Category E (combination 
vessel) groundfish permit, as well as vessels that hold some 
combination of a party/charter permit and a limited access scallop 
permit or a general category permit. Among NE multispecies permit 
holders, 1,472 held limited access permits, and 760 held open access 
party/charter permits.
    Based on FY 2008 activity, 1,267 of the 2,732 vessels with either a 
commercial scallop or NE multispecies permit participated in the 
scallop or NE multispecies fishery. Median gross sales for these 
vessels were $186 thousand, and no one entity had sales exceeding $4 
million. Based on FY 2008 logbook data, 143 of the 760 permitted party/
charter vessels participated in the GOM recreational groundfish fishery 
where either GOM haddock or GOM cod were retained. The total number of 
passengers carried by a single of these regulated party/charter 
operators did not exceed 11,000. At an average passenger fee of 
approximately $65 per passenger, none of the participating party/
charter businesses would exceed $7 million in sales. Therefore, NMFS 
has determined that all 1,410 of the participating commercial and 
recreational for-hire vessels are considered small entities under the 
RFA.

Economic Impacts of the Proposed Action

    A more detailed treatment of economic impacts may be found in 
Section 7.4 of the EA. As noted in Section 7.4, the economic impacts of 
the ACLs set for the commercial groundfish fishery are uncertain for 
any given vessel, because the economic impacts depend on whether the 
vessel owner chooses to enroll in a sector or remains in the common 
pool. Sectors offer relief from certain regulations while being limited 
to a quota on catch. Sectors provide opportunities to improve economic 
efficiency while placing a premium on managing available quota for 
multiple species to maximize the value of landings. Fishing in the 
context of a sector will likely require changes in fishing practices 
including where, when, and how fishing operations are conducted.
    Groundfish revenues during both FY 2007 and 2008 were approximately 
$85 million. Given the proposed 2010 ACLs, at 2008 prices, the 
available potential revenue would be approximately $190 million, 
assuming the available ACL for all stocks can be harvested and no 
discarding occurs. Realizing revenues of this magnitude is unlikely 
because some level of discarding is likely, and available ACL for some 
species will constrain the ability to harvest the full ACL of others. 
If there are no changes in recent discarding rates or gear selectivity, 
groundfish revenues may be expected to decline to $63 million in FY 
2010. However, improvements in selectivity, particularly while fishing 
for GB haddock, which comprises nearly half of the aggregate groundfish 
ACL, could lead to substantially higher revenues. If, for example, 
selectivity could be improved by 50 percent over FYF 2007-2008 
averages, groundfish revenues would be an estimated $87 million in FY 
2010.
    Even if fishing revenues do not improve, vessel owners that enroll 
in sectors may still find themselves in a more favorable financial 
position because sectors offer the opportunity for pooling of quota 
across fishing platforms. For individuals that own multiple vessels, 
operating in a sector allows them to shed redundant capital, thereby 
reducing fixed costs. Operating costs may also be reduced because 
sectors participants are granted certain regulatory exemptions that 
decrease overall costs, and because fishing will likely be moved to an 
owner's most efficient vessel.
    Economic impacts on vessels that do not enroll in a sector are also 
uncertain. The common pool measures (trip limits for GOM cod and 
pollock) were designed to ensure that the catch does not exceed the 
sub-ACL allocated to the common pool as a whole. The economic impact of 
these measures was estimated by applying the common pool measures 
adopted under Amendment 16, as modified by this proposed action, to FY 
2007 activity. As of September 1, 2009, 723 permits had enrolled in a 
sector, and 757 had not. The latter figure includes a large number of 
vessels that have not been active in the groundfish fishery. In fact, 
only 279 of the common pool vessels had any Category A DAS that would 
enable them to participate in the groundfish fishery. Of these 279, 
only 113 were found to have actually participated in the groundfish 
fishery. These vessels had aggregate gross sales of $24.8 million (an 
average of $219,500 per vessel), of which nearly 30 percent was derived 
from sales on trips where groundfish were landed. The estimated 
combined effect of the Amendment 16/FW 44 measures on the common pool 
is to reduce total sales by $5.1 million, an average of $45,100 per 
vessel, or 20.1 percent. This represents a $3 million reduction in 
groundfish revenue from 2008 levels. These economic impacts represent 
an upper bound of the adverse impacts, because they do not reflect the 
ability of vessels to modify fishing behavior or to lease DAS to 
mitigate potential impacts. However, the ability to offset such impact 
by DAS leasing may be limited. Converting 2007 activity into 24-hr 
increments, as proposed in Amendment 16, the total DAS needed to fish 
at 2007 levels (3,769 DAS) exceeds that of the total DAS that will be 
allocated to the common pool (3,600) in FY 2010. Furthermore, the 
ability to find trading partners may also be limited by the 
restrictions on trading among vessels within specified baseline length 
and horsepower characteristics.
    The allocation of yellowtail flounder to the scallop fishery in FY 
2010 would have no economic impact on the scallop fishery, because the 
allocation would not constrain scallop catch. The economic impact of 
this action on the NE multispecies fishery in FY 2010 would be a 
reduction in multispecies revenue of between one and fifteen percent. 
The value of each metric ton of yellowtail flounder to the NE 
multispecies fishery ranges from a low of $3,296 to a high of $41,176, 
depending on whether the estimate includes only the value of yellowtail 
flounder, or also includes potential revenue losses from other 
groundfish stocks that may result from loss of access to a yellowtail 
stock area.
    In contrast, as of 2011, it is anticipated that there will be 
short-term

[[Page 5027]]

AMs that will impact the scallop fishery if the sub-ACL is exceeded. 
The economic impact of the yellowtail flounder sub-ACL for the scallop 
fishery for FY 2011 is uncertain. This sub-ACL for the scallop fishery 
would have a potential impact on both groundfish and scallop vessels. 
However, as was the case for the setting of NE multispecies ACLs, the 
impact on any given vessel is indeterminate. The AM for the scallop 
fleet has yet to be determined, and setting an ACL may cause changes in 
fishing strategies to avoid forgone revenues that may be associated 
with exceeding the ACL. Assuming an inseason AM is selected, and there 
is no change in fishing patterns by either groundfish or scallop 
vessels, an upper-bound estimate is a total revenue loss of $35 million 
and $2.6 million for scallop and groundfish, respectively, during 2011, 
and losses of $36 million and $4 million during 2012. These values 
represent about 6 percent of the likely scallop ACLs that will be set 
for 2011 and 2012, and about 5 percent or less of groundfish revenue, 
depending on factors noted above affecting realized groundfish revenue.
    Because the FW 44 yellowtail flounder allocation to the scallop 
fishery is based on the projected scallop harvest, a modification to FW 
21 to the Atlantic Sea Scallop FMP could affect the proposed FW 44 
allocation of yellowtail flounder to both the scallop and the NE 
multispecies fisheries. The outcome of the Council's January 2010, 
review of FW 21 was unknown at the time this document was drafted for 
publication. However, even if the yellowtail flounder allocations are 
not changed in FW 44, a modification of the scallop management program 
could change the impacts of the yellowtail flounder allocations, such 
that they are different than analyzed in the FW 44 EA. If necessary, 
the final FW 44 EA will be revised to analyze the impacts of the 
yellowtail flounder allocation, and the final rule will include a 
summary of the pertinent economic impacts.
    For FY 2010, the estimated revenue loss for the groundfish fishery 
resulting from the combined impacts of the proposed common pool 
measures and ACL is between $3 million and $27 million (from the 
baseline FY 2008 revenue of $85 million), depending on the proportion 
of available fish that is caught. The larger revenue reductions would 
result from a continuation of recent TAC utilization and discard rates 
(which are only a small fraction of available haddock that are caught), 
whereas the lower revenue reduction estimate would require a 50-percent 
reduction in the amount of under-harvesting.
    For FY 2011, the revenue loss resulting from the combined impacts 
of the common pool measures, ACL, and yellowtail flounder allocation to 
the scallop fishery is estimated at between $26.9 million and $53.8 
million. The FY 2011 revenue loss for the scallop fleet is estimated at 
$35 million. The FY 2011 impact on groundfish revenue ranges from a 
loss of $15.8 million to a gain of $11.1 million. For FY 2012, the 
estimated revenue loss resulting from the combined impacts of the 
common pool measures, ACL, and yellowtail flounder allocation to the 
scallop fishery is between $27.6 million and $54.8 million. The FY 2012 
loss to the scallop fleet is estimated at $36 million. The FY 2012 
impact on groundfish revenue ranges from a loss of $14.8 million to a 
gain of $12.4 million.
    The proposed action would not modify the recreational measures 
proposed in Amendment 16. Those measures would add 2 weeks to the GOM 
cod closed season and reduce the size limit on GOM haddock from 19 to 
18 inches (47.5 to 45 cm). Thus, passenger demand may be expected to 
respond to these regulatory changes, and may not be expected to be 
affected by the setting of any particular recreational sub-ACL. 
However, because exceeding a recreational sub-ACL would trigger an AM, 
the economic impacts on recreational party/charter vessels would be 
associated with the likelihood that harvest levels would trigger an AM. 
According to GARM III estimates of landings, GOM cod harvest by all 
recreation modes ranged between 1,960 mt and 953 mt from FY 2004 to 
2007. The GOM cod recreational sub-ACL would be 2,673 mt, 2,824 mt, and 
2,826 mt during FY 2010, 2011, and 2012, respectively. Because harvest 
levels of GOM cod by the recreational sector, including party/charter 
operators, has been below the recreational sub-ACL for GOM cod, an AM 
would not be expected to be triggered by these limits. For this reason, 
the GOM cod sub-ACL would not be expected to have an adverse economic 
impact on party/charter vessels.
    By contrast, during FY 2004-2007, the recreational harvest of GOM 
haddock ranged between 430 mt and 717 mt, and under this proposed rule 
the recreational sub-ACL for GOM haddock would decline from 324 mt in 
FY 2010, to 259 mt in 2012. This means that the recreational GOM 
haddock ACL will be about 57 percent of the FY 2004-2007 average 
harvest. In the absence of avoidance behavior by party/charter vessels, 
the GOM haddock sub-ACL may be expected to be exceeded, triggering an 
AM. The impact of triggering a GOM haddock AM on party/charter vessels 
is uncertain. Available data suggest substitutability between cod and 
haddock on party/charter trips, so if the GOM cod recreational sub-ACL 
is not constraining, some switching between haddock and cod on GOM 
party/charter trips may be anticipated. The economic impact on party/
charter operators will depend on the selected AM and the relative 
strength of angler preference between cod and haddock. If the AM is a 
seasonal closure, then the economic impact would be a loss in trips 
that could be taken during the closure. These trips may not be 
recovered, given the seasonal nature of recreational passenger demand. 
If the GOM haddock AM is a change in the bag or size limit, and cod may 
easily be substituted for haddock, then passenger demand may be 
expected to be largely unchanged and the economic impact on party/
charter vessels would likely be relatively low.
    The economic impacts to the groundfish fishery of specification of 
the U.S./Canada TACs are difficult to predict due to the many factors 
that may affect the level of catch; however, it is likely that, due to 
the substantially reduced FY 2010 TACs for Eastern GB cod and GB 
yellowtail flounder (compared to FY 2009), the proposed action would 
result in reduced overall revenue from the U.S./Canada Management Area. 
The amount of fish landed and sold would not be equal to the sum of the 
TACs, but would be reduced as a result of discards (for the common 
pool), and may be further reduced by limitations on access to stocks 
that may result from the associated fishing rules. Reductions to the 
value of the fish may result from fishing derby behavior and potential 
impact on markets. The revenue from the sale of the three transboundary 
stocks may be up to 22 percent less than such revenue in FY 2008. It is 
possible that total revenue may be reduced by up to 30 percent from FY 
2009 revenues. The amount of haddock that has been harvested from the 
U.S./Canada Management Area has been increasing, but it is unknown 
whether this trend will continue. The delayed opening of the Eastern 
U.S./Canada Area for trawl vessels would likely result in increased 
revenue from the Eastern U.S./Canada Area, because it is likely to 
prolong the time period during which the area is open and enable a 
higher overall catch of all species. Similarly, the specification of a 
trip limit for GB yellowtail flounder would prolong the opening of the 
Eastern U.S./Canada

[[Page 5028]]

Area and result in greater overall revenue.
    The allocation of zero trips for the CA II Yellowtail Flounder SAP 
would preclude additional revenue from CA II, but would not represent a 
decrease in opportunity or revenue from recent years, because the SAP 
has not been opened since FY 2004 due to the status of the GB 
yellowtail flounder stock. The prohibition on the use of Category B DAS 
in the Eastern U.S./Canada Haddock SAP would result in only a slight 
decrease in revenue because participation in the SAP has been extremely 
low.
    The proposed action would also provide the Regional Administrator 
authority to implement trip limits or differential DAS counting 
inseason in order to prevent ACLs from being exceeded, or to facilitate 
the harvesting of ACLs. Because it is unclear if this authority will 
result in decreased or increased fishing effort, the effect of this 
action may be short-term increases or decreases in revenue. The RA 
authority would contribute to long-term increases in revenue by 
optimizing catch levels to align with catch targets and facilitate 
stock rebuilding.

Economic Impact of Alternatives to the Proposed Action

    Under the No Action Alternative, although ACLs would be specified, 
there would be no allocation made to the scallop fishery, and no U.S./
Canada TACs would be specified. Under the No Action Alternative, the 
common pool management measures would be the same as those proposed by 
Amendment 16, and the Regional Administrator would not have additional 
authority to implement inseason trip limits or differential DAS 
requirements in order to prevent ACLs from being exceeded.
    Because under the no action alternative the ACL is higher than that 
set by the proposed action, potential groundfish fishery revenues would 
be higher. As a result of not making a yellowtail flounder allocation 
to the scallop fishery, there would be no difference in scallop 
revenues in FY 2010 between the no action and the proposed action 
alternatives, because the scallop ACL sub-component would not constrain 
the scallop fishery in FY 2010. No allocation of yellowtail to the 
scallop fishery in FY 2010 would, however, result in additional revenue 
for the groundfish fishery (the revenue associated with 110 mt and 111 
mt of GB and SNE/MA yellowtail flounder, respectively). Under the no 
action alternative, no specification of the U.S./Canada TACs would 
result in increased revenue from the U.S./Canada Management Area in the 
short-term, but would undermine rebuilding of GB cod and yellowtail 
flounder, and would likely result in long-term reductions in revenue.
    Additionally, under the no action alternative, as a result of not 
making a yellowtail flounder allocation to scallop vessels in FY 2011 
and 2012, scallop and groundfish fishing revenues would likely be 
higher than anticipated under the proposed action. If an allocation is 
not made, then the scallop catches would not be constrained by the 
level of incidental catch of yellowtail flounder in the fishery. In FY 
2011 and 2012, the overall limit on yellowtail flounder catch may 
reduce scallop fishery revenues by $35 million and $36 million, 
respectively. With respect to groundfish revenue, the upper bounds for 
the difference between the no action alternative and the proposed 
action for FYs 2011 and 2012 are $2.6 million and $4 million, 
respectively. Not specifying the U.S./Canada TACs could result in 
increased revenues for groundfish fishermen; however, not specifying 
TACs is likely to increase the risk of overfishing the transboundary 
stocks, and of long-term declines in landings and revenues.
    The no action alternative would neither implement more restrictive 
trip limits for GOM cod and pollock, nor provide the Regional 
Administrator the authority to implement inseason effort controls (trip 
limits or differential DAS counting). As such, the economic impacts of 
the no action alternative would not differ from those described in 
Amendment 16 analysis. There is the possibility that, under the no 
action alternative, there would be a lower likelihood of derby 
fisheries occurring, and that vessels owners would have an increased 
ability to plan their year than under the proposed alternative. These 
potential outcomes from the No Action Alternative might, therefore, 
lead to greater economic stability, because inseason changes to the 
regulations would not occur (except in the U.S./Canada Management 
Area).
    The Council considered a third alternative for effort control 
measures. As stated in this rule, this alternative proposes to create a 
2:1 differential DAS counting in the inshore GOM. Based on the 
September 1, 2009, sector roster composition for FY 2010, the 2:1 
differential DAS counting alternative would impact very few common pool 
vessels because, for the most part, the common pool is comprised of 
vessels that primarily engage in fisheries other than groundfish. Of 
the vessels affected (approximately nine), the estimated reduction in 
total revenue ranges from 10 percent to 70 percent. This economic 
impact represents an upper bound of the adverse impacts, because it 
does not reflect the ability of vessels to modify fishing behavior or 
the potential to lease DAS to mitigate potential impacts.
    Under the no action alternative, trawl vessels would be able to 
fish in the Eastern U.S./Canada Area (Eastern Area) as of May 1, 2010, 
and would not be delayed access until August 1, 2010. Further, the 
Regional Administrator would not implement a GB yellowtail flounder 
trip limit of 2,500 lb (1,125 kg). The result of this scenario would 
likely be a higher catch rate of both GB cod and GB yellowtail flounder 
early in the FY, but also accelerated catch of the TAC limits and early 
closure of the Eastern Area. In this event, the no action alternative 
would result in reduced revenue for groundfish vessels, because 
prolonged access to the Eastern U.S./Canada Area by vessels would 
result in greater harvest of other stocks in addition to cod and 
yellowtail flounder. Additionally, under the no action alternative, 
common pool vessels would be allowed to utilize Category B DAS in the 
Eastern U.S./Canada Area Haddock SAP. Although under the no action 
alternative the use of Category B DAS in this SAP would generate some 
revenue, the difference in revenue between the proposed action and the 
no action alternative would be minor because, under the no action 
alternative, the SAP would likely close after a very few trips due to 
the small incidental catch TACs.
    This rule contains no proposed reporting or recordkeeping 
requirements.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: January 27, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons stated in the preamble, 50 CFR part 648 is proposed 
to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

    Authority:  16 U.S.C. 1801 et seq.

    2. Further amend Sec.  648.10, as proposed to be amended at 74 FR 
69419, December 31, 2009 by revising paragraph (k)(3)(iv) to read as 
follows:

[[Page 5029]]

Sec.  648.10  NE multispecies broad stock areas.

    (k) * * *
    (3) * * *
    (iv) SNE/MA Stock Area 4. The SNE/MA Stock Area 4 is the area 
bounded on the north and west by the coastline of the United States, 
bounded on the south by a line running from the east-facing coastline 
of North Carolina at 35[deg] N. lat. until its intersection with the 
EEZ, and bounded on the east by straight lines connecting the following 
points in the order stated:

                           SNE/MA Stock Area 4
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
G12............................  (\1\)                70[deg]00'
IGB7...........................  41[deg]20'           70[deg]00'
IGB6...........................  41[deg]20'           69[deg]50'
IGB5...........................  41[deg]10'           69[deg]50'
IGB4...........................  41[deg]10'           69[deg]30'
IGB3...........................  41[deg]00'           69[deg]30'
IGB2...........................  41[deg]00'           68[deg]50'
SNE4...........................  39[deg]50'           68[deg]50'
SNE3...........................  39[deg]50'           69[deg]00'
SNE5...........................  39[deg]00'           69[deg]00'
SNE6...........................  39[deg]00'           (\2\)
------------------------------------------------------------------------
\1\ South-facing shoreline of Cape Cod, MA.
\2\ The U.S.-Canada maritime boundary as it intersects with the EEZ.

    3. In Sec.  648.14, add paragraph (i)(2)(iii)(D) and revise 
paragraphs (k)(13)(ii)(A) and (B) to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (i) * * *
    (2) * * *
    (iii) * * *
    (D) Discard yellowtail flounder that meet the minimum size 
restrictions specified under Sec.  648.83(a)(1) and (2).
* * * * *
    (k) * * *
    (13) * * *
    (ii) * * *
    (A) Land, or possess on board a vessel, more than the possession or 
landing limits specified in Sec.  648.86(a), (b), (c), (d), (e), (g), 
(h), (j), (k), (l), (n), (p), (r), and (s); or violate any of the other 
provisions of Sec.  648.86, unless otherwise specified in Sec.  648.17.
    (B) Possess or land per trip more than the possession or landing 
limits specified in Sec.  648.86(a), (b), (c), (e), (g), (h), (j), (l), 
(n), (p), (r), and (s), Sec.  648.81(n), Sec.  648.82(b)(5) and (6), 
Sec.  648.85, or Sec.  648.88 if the vessel has been issued a limited 
access NE multispecies permit or open access NE multispecies permit, as 
applicable.
* * * * *
    4. In Sec.  648.60, revise paragraph (a)(5)(ii) introductory text 
and paragraph (a)(5)(ii)(C) to read as follows:


Sec.  648.60  Sea scallop area access program requirements.

    (a) * * *
    (5) * * *
    (ii) NE multispecies possession limits and yellowtail flounder 
TACs. A limited access scallop vessel that is declared into a trip and 
fishing within the Sea Scallop Access Areas described in Sec.  
648.59(b) through (d), and issued a valid NE multispecies permit as 
specified in Sec.  648.4(a)(1), may fish for, possess, and land, per 
trip, up to a maximum of 1,000 lb (453.6 kg) of all NE multispecies 
combined, excluding yellowtail flounder, subject to the minimum 
commercial fish size restrictions specified in Sec.  648.83(a)(1) and 
(2), and the additional restrictions for Atlantic cod, haddock, and 
yellowtail flounder specified in paragraphs (a)(5)(ii)(A) through (C) 
of this section. Such vessel is subject to the seasonal restriction 
established under the Sea Scallop Area Access Program and specified in 
Sec.  648.59(b)(4), (c)(4), and (d)(4).
* * * * *
    (C) Yellowtail flounder. Such vessel must retain all yellowtail 
flounder that meet the minimum size restrictions specified under Sec.  
648.83(a)(1) and (2).
    (1) Scallop Access Area TAC Availability. After declaring a trip 
into and fishing within the Closed Area I, Closed Area II, or Nantucket 
Lightship Scallop Access Areas described in Sec.  648.59(b), (c), and 
(d), respectively a scallop vessel that has a valid NE multispecies 
permit as specified in Sec.  648.4(a)(1) may possess and land 
yellowtail flounder, provided the Regional Administrator has not issued 
a notice that the scallop fishery portion of the TACs specified in 
Sec.  648.85(c) for the respective Closed Area I, Closed Area II, or 
Nantucket Lightship Scallop Access Areas have been harvested. The 
Regional Administrator shall publish notification in the Federal 
Register, in accordance with the Administrative Procedure Act, to 
notify scallop vessel owners that the scallop fishery portion of the 
TAC for a yellowtail flounder stock has been or is projected to be 
harvested by scallop vessels in any Access Area. Upon notification in 
the Federal Register that a TAC has been or is projected to be 
harvested, scallop vessels are prohibited from fishing in, and 
declaring and initiating a trip to the Access Area(s), where the TAC 
applies, for the remainder of the fishing year, unless the yellowtail 
flounder TAC is increased, as specified in paragraph (a)(5)(ii)(C)(3) 
of this section.
    (2) U.S./Canada Area TAC availability. After declaring a trip into 
and fishing in the Closed Area I or Closed Area II Access Area 
described in Sec.  648.59(b) and (c), a scallop vessel that has a valid 
NE multispecies permit, as specified in Sec.  648.4(a)(1), may possess, 
and land yellowtail flounder, provided that the Regional Administrator 
has not issued a notice that the U.S./Canada yellowtail flounder TAC 
specified in Sec.  648.85(a)(2) has been harvested. If the yellowtail 
flounder TAC established for the U.S./Canada Management Area pursuant 
to Sec.  648.85(a)(2) has been or is projected to be harvested, as 
described in Sec.  648.85(a)(3)(iv)(C)(3), scallop vessels are 
prohibited from possessing or landing yellowtail flounder in or from 
the Closed Area I and Closed Area II Access Areas.
    (3) Modification to yellowtail flounder TACs. The yellowtail 
flounder TACs allocated to scallop vessels may be increased by the 
Regional Administrator after December 1 of each year pursuant to Sec.  
648.85(c)(2).
* * * * *
    5. Further amend Sec.  648.82, as proposed to be amended at 74 FR 
69429, December 31, 2009 by revising the introductory text to paragraph 
(b)(6), revising paragraphs (e)(1)(i) and (n)(1)(ii), and adding 
paragraph (o) to read as follows:


Sec.  648.82  Effort-control program for NE multispecies limited access 
vessels.

* * * * *
    (b) * * *
    (6) Handgear A category. A vessel qualified and electing to fish 
under the Handgear A category, as described in Sec.  648.4(a)(1)(i)(A), 
may retain, per trip, up to 300 lb (135 kg) of cod, one Atlantic 
halibut, and the daily possession limit for other regulated species and 
ocean pout as specified under Sec.  648.86. The cod trip limit shall be 
adjusted proportionally to the trip limit for GOM cod (rounded up to 
the nearest 50 lb (22.7 kg)), as specified in Sec.  648.86(b)). For 
example, if the GOM cod trip limit specified at Sec.  648.86(b) 
doubled, then the cod trip limit for the Handgear A category would 
double. Qualified vessels electing to fish under the Handgear A 
category are subject to the following restrictions:
* * * * *
    (e) * * *
    (1) * * *
    (i) Common pool vessels. For a common pool vessel, Category A DAS 
shall accrue in 24-hr increments, unless otherwise required under 
paragraphs (n) or (o) of this section. For example, a vessel that 
fished from 6 a.m. to 10 p.m. would be charged 24 hr of Category A DAS, 
not 16 hr; a vessel that fished for

[[Page 5030]]

25 hr would be charged 48 hr of Category A instead of 25 hr.
* * * * *
    (n) * * *
    (1) * * *
    (ii) Differential DAS counting factor. For determining the 
differential DAS counting AM specified in this paragraph (n)(1), or the 
inseason differential DAS counting adjustment specified in paragraph 
(o) of this section, the following differential DAS factor shall, 
except as provided in paragraph (n)(1)(iii) of this section, be applied 
to the DAS accrual rate specified in paragraph (e)(1) of this section, 
and implemented in a manner consistent with the Administrative 
Procedure Act.

------------------------------------------------------------------------
      Proportion of ACL caught             Differential DAS factor
------------------------------------------------------------------------
                    0.5                                  0.5
                    0.6                                  0.6
                    0.7                                  0.7
                    0.8                                  0.8
                    0.9                            No change
                    1.0                            No change
                    1.1                                  1.1
                    1.2                                  1.2
                    1.3                                  1.3
                    1.4                                  1.4
                    1.5                                  1.5
                    1.6                                  1.6
                    1.7                                  1.7
                    1.8                                  1.8
                    1.9                                  1.9
                    2.0                                  2.0
------------------------------------------------------------------------

* * * * *
    (o) Inseason adjustment to differential DAS counting for NE 
multispecies common pool vessels. (1) In addition to the DAS accrual 
provisions specified in paragraphs (e) and (n) of this section, and 
other measures specified in this part, common pool vessels are subject 
to the following restrictions: The Regional Administrator shall project 
the catch of regulated species or ocean pout by common pool vessels and 
shall determine whether such catch will exceed any of the sub-ACLs 
specified for common pool vessels as described in Sec.  648.90(a)(4). 
This projection shall include catch by common pool vessels, as well as 
available information, if available, regarding the catch of regulated 
species and ocean pout by vessels fishing for NE multispecies in state 
waters outside of the authority of the FMP, vessels fishing in exempted 
fisheries, and vessels fishing in the Atlantic sea scallop fishery. If 
it is projected that catch will exceed or under-harvest the common pool 
sub-ACL, the Regional Administrator may, at any time during the fishing 
year, implement a differential DAS counting factor to all Category A 
DAS used within the pertinent stock area(s), as specified in paragraph 
(n)(1)(i) of this section, in a manner consistent with the 
Administrative Procedure Act. Notwithstanding the fact that the 
differential DAS accountability measures described in paragraph (n)(1) 
of this section are intended to address potential over-harvests in 
fishing year 2010 and 2011, the scope of the Regional Administrator 
authority specified in this paragraph (o) is not limited to FY 2010 and 
2011.
    (2) The differential DAS counting factor shall be based on the 
projected proportion of the sub-ACL of each NE multispecies stock 
caught by common pool vessels, rounded to the nearest even tenth, as 
specified in paragraph (n)(1)(ii) of this section, unless otherwise 
specified in Sec.  648.90(a)(5). For example, if the Regional 
Administrator projects that common pool vessels will catch 1.18 times 
the sub-ACL for GOM cod by the end of fishing year 2010, the Regional 
Administrator may implement a differential DAS counting factor of 1.2 
to all Category A DAS used by common pool vessels within the Inshore 
GOM Differential DAS Area during fishing year 2010 (i.e., Category A 
DAS will be charged at a rate of 28.8 hr for every 24 hr fished--1.2 
times 24-hr DAS counting). If it is projected that catch will 
simultaneously exceed or underharvest the sub-ACLs for several 
regulated species stocks within a particular stock area, the Regional 
Administrator may implement the most restrictive differential DAS 
counting factor derived from paragraph (n)(1)(ii) of this section for 
the sub-ACLs exceeded or underharvested to any Category A DAS used by 
common pool vessels within that particular stock area. For example, if 
it is projected that the common pool vessel catch will exceed the GOM 
cod sub-ACL by a factor of 1.2 and the CC/GOM yellowtail flounder sub-
ACL by a factor of 1.1, the Regional Administrator may implement a 
differential DAS counting factor of 1.2 to any Category A DAS fished by 
common pool vessels within the Inshore GOM Differential DAS Area during 
the fishing year. For any inseason differential DAS counting factor 
implemented inseason, the differential DAS counting factor shall be 
applied against the DAS accrual provisions specified in paragraph 
(e)(1)(i) of this section for the time spent fishing in the applicable 
differential DAS counting area based upon the first VMS position into 
the applicable differential DAS counting area and the first VMS 
position outside of the applicable differential DAS counting area 
pursuant to Sec.  648.10. For example, if a vessel fished 12 hr inside 
a differential DAS counting area where a differential DAS counting 
factor of 1.2 would be applied, and 12 hr outside of the differential 
DAS counting area, the vessel would be charged 48 hr of DAS use because 
DAS would be charged in 24-hr increments ((12 hr inside the area x 1.2 
= 14.4 hr) + 12 hr outside the area, rounded to the next 24-hr 
increment to determine DAS charged).
    (3) For any inseason differential DAS counting factor implemented 
in fishing year 2011, the inseason differential DAS counting factor 
shall be applied in accordance with the DAS accrual provisions 
specified in paragraph (e)(1)(i) of this section, and, if pursuant to 
paragraph (n)(1) of this section, in conjunction with a differential 
DAS counting factor also implemented for the same differential DAS area 
during fishing year 2011 as an AM. For example, if a differential DAS 
counting factor of 1.2 was applied to the Inshore GOM Differential DAS 
Area during fishing year 2011, as an AM due to a 20-percent overage of 
the GOM cod sub-ACL in fishing year 2010, and during fishing year 2011 
the GOM cod sub-ACL was projected to be exceeded by 30 percent, an 
additional differential DAS factor of 1.3 would be applied to the DAS 
accrual rate as an inseason action during fishing year 2011. Under this 
example, the DAS accrual rate after both the AM and the inseason 
differential DAS rate is applied to FY 2011 in the Inshore GOM 
Differential DAS Counting Area would be 37.4 hr charged for every 24 hr 
fished--1.2 x 1.3 x 24-hr DAS charge.
    6. In Sec.  648.85, revise paragraphs (b)(6)(v)(B), (D), (F); and 
further amend Sec.  648.85, as proposed to be amended at, 74 FR 69438, 
December 31, 2009 by revising paragraph (b)(6)(v)(H) and (I) to read as 
follows:


Sec.  648.85  Special management programs.

    (b) * * *
    (6) * * *
    (v) * * *
    (B) GB cod stock area. The GB cod stock area, for the purposes of 
the Regular B DAS Program, identifying stock areas for trip limits 
specified in Sec.  648.86, and determining areas applicable to Sector 
allocations of ACE pursuant to Sec.  648.87(b), is the area defined by 
straight lines connecting the following points in the order stated:

                            GB Cod Stock Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
GB1............................   (\1\)               70[deg]00'

[[Page 5031]]

 
GB2............................  42[deg]20'           70[deg]00'
GB3............................  42[deg]20'            (\2\)
GB4............................  35[deg]00'            (\2\)
GB5............................  35[deg]00'            (\3\)
------------------------------------------------------------------------
\1\ Intersection of the north-facing coastline of Cape Cod, MA, and
  70[deg]00' W. long.
\2\ U.S./Canada maritime boundary.
\3\ Intersection of the east-facing coastline of Outer Banks, NC, and
  35[deg]00' N. lat.

* * * * *
    (D) American plaice stock area. The American plaice stock area, for 
the purposes of the Regular B DAS Program, identifying stock areas for 
trip limits specified in Sec.  648.86, and determining areas applicable 
to Sector allocations of ACE pursuant to Sec.  648.87(b), is the area 
defined by straight lines connecting the following points in the order 
stated:

                       American Plaice Stock Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
AMP1...........................   (\1\)               67[deg]00'
AMP2...........................   (\2\)               67[deg]00'
AMP3...........................  43[deg]50'            (\2\)
AMP4...........................  43[deg]50'           67[deg]40'
AMP5...........................   (\3\)               67[deg]40'
AMP6...........................   (\4\)               67[deg]40'
AMP7...........................  42[deg]30'           67[deg]40'
AMP8...........................  42[deg]30'            (\2\)
AMP9...........................  35[deg]00'            (\2\)
AMP10..........................  35[deg]00'            (\5\)
------------------------------------------------------------------------
\1\ Intersection of south-facing ME coastline and 67[deg]00' W. long.
\2\ U.S./Canada maritime boundary.
\3\ U.S./Canada maritime boundary (northern intersection with 67[deg]40'
  N. lat.).
\4\ U.S./Canada maritime boundary (southern intersection with 67[deg]40'
  N. lat.)
\5\ Intersection of east-facing coastline of Outer Banks, NC, and
  35[deg]00' N. lat.

* * * * *
    (F) SNE/MA winter flounder stock area. The SNE winter flounder 
stock area, for the purposes of the Regular B DAS Program, identifying 
stock areas for trip limits specified in Sec.  648.86, and determining 
areas applicable to Sector allocations of ACE pursuant to Sec.  
648.87(b), is the area defined by straight lines connecting the 
following points in the order stated:

      Southern New England/Mid-Atlantic Winter Flounder Stock Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
SNEW1..........................   (\1\)               70[deg]00'
SNEW2..........................  42[deg]20'           70[deg]00'
SNEW3..........................  42[deg]20'           68[deg]50'
SNEW4..........................  39[deg]50'           68[deg]50'
SNEW5..........................  39[deg]50'           71[deg]40'
SNEW6..........................  39[deg]00'           71[deg]40'
SNEW7..........................  39[deg]00'            (\2\)
SNEW8..........................  35[deg]00'            (\2\)
SNEW9..........................  35[deg]00'            (\3\)
------------------------------------------------------------------------
\1\ Intersection of the north-facing Coastline of Cape Cod, MA, and
  70[deg]00' W. long.
\2\ U.S./Canada maritime boundary.
\3\ The intersection of the east-facing coastline of Outer Banks, NC,
  and 35[deg]00' N. lat.

* * * * *
    (H) GB yellowtail flounder stock area. The GB yellowtail flounder 
stock area, for the purposes of the Regular B DAS Program, identifying 
stock areas for trip limits specified in Sec.  648.86, and determining 
areas applicable to Sector allocations of ACE pursuant to Sec.  
648.87(b), is the area bounded on the east by the U.S./Canadian 
maritime boundary, and bound on the north, west, and south by straight 
lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
USCA16.........................  42[deg]20'            (\1\)
USCA1..........................  42[deg]20'           68[deg]50'
USCA2..........................  39[deg]50'           68[deg]50'
USCA17.........................  39[deg]50'           69[deg]00'
USCA18.........................  39[deg]00'           69[deg]00'
USCA5..........................  39[deg]00'            (\1\)
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.

    (I) GB winter flounder stock area. The GB winter flounder stock 
area, for the purposes of the Regular B DAS Program, identifying stock 
areas for trip limits specified in Sec.  648.86, and determining areas 
applicable to Sector allocations of ACE pursuant to Sec.  648.87(b), is 
the area bounded on the east by the U.S./Canadian maritime boundary and 
straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
USCA16.........................  42[deg]20'            (\1\)
USCA1..........................  42[deg]20'           68[deg]50'
USCA2..........................  39[deg]50'           68[deg]50'
USCA17.........................  39[deg]50'           69[deg]00'
USCA18.........................  39[deg]00'           69[deg]00'
USCA5..........................  39[deg]00'            (\1\)
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.

* * * * *
    7. In Sec.  648.86, revise paragraphs (a)(1) and (b)(1), and add 
paragraphs (r) and (s) to read as follows:


Sec.  648.86  NE Multispecies possession restrictions.

* * * * *
    (a) * * *
    (1) NE multispecies common pool vessels. Haddock possession 
restrictions for such vessels may be implemented through Regional 
Administrator authority, as specified in paragraph (r) of this section.
* * * * *
    (b) * * *
    (1) GOM cod landing limit. Except as provided in paragraph (b)(4) 
of this section, or unless otherwise restricted under Sec.  648.85, a 
vessel fishing under a NE multispecies DAS permit, including a vessel 
issued a monkfish limited access permit and fishing under the monkfish 
Category C or D permit provisions, may land up to 800 lb (362.9 kg) of 
cod for each DAS, or part of a DAS, up to 4,000 lb (1,818.2 kg) per 
trip. Cod on board a vessel subject to this landing limit must be 
separated from other species of fish and stored so as to be readily 
available for inspection.
* * * * *
    (r) Pollock. Unless otherwise restricted under this part, a vessel 
issued a NE multispecies DAS permit, a limited access Handgear A 
permit, an open access Handgear B permit, or a monkfish limited access 
permit and fishing under the monkfish Category C or D permit 
provisions, may not possess or land more than 1,000 lb (450 kg) of 
pollock for each DAS or part of a DAS fished, up to 10,000 lb (4,500 
kg) per trip.
    (s) Regional Administrator authority to implement possession 
limits--(1) Possession restrictions to prevent exceeding common pool 
sub-ACLs. If the Regional Administrator projects that the catch of any 
NE multispecies stock allocated to common pool vessels pursuant to 
Sec.  648.90(a)(4) will exceed the pertinent sub-ACL, NMFS may 
implement or adjust, at any time prior to or during the fishing year, 
in a manner consistent with the Administrative Procedure Act, a per-DAS 
possession limit and/or a maximum trip limit in order to prevent 
exceeding the common pool sub-ACL in that fishing year.
    (2) Possession restrictions to facilitate harvest of sub-ACLs 
allocated to the common pool. If the Regional Administrator projects 
that the sub-ACL of any stock allocated to the common pool pursuant to 
Sec.  648.90(a)(4) will not be caught during the fishing year, the 
Regional Administrator may remove or adjust, in a manner consistent 
with the Administrative Procedure Act, a per-DAS possession limit and/
or a maximum trip limit in order to facilitate harvest and enable the 
total catch to approach, but not exceed, the pertinent sub-ACL 
allocated to the common pool for that fishing year.
    8. Further amend Sec.  648.87, as proposed to be amended at 74 FR 
69450,

[[Page 5032]]

December 31, 2009 by revising paragraph (b)(1)(ii)(B) to read as 
follows:


Sec.  648.87  Sector allocation.

    (b) * * *
    (1) * * *
    (ii) * * *
    (B) SNE/MA Yellowtail Flounder Stock Area. The SNE/MA Yellowtail 
Flounder Stock Area, for the purposes of identifying stock areas for 
trip limits specified in Sec.  648.86, and for determining areas 
applicable to Sector allocations of SNE/MA yellowtail flounder ACE 
pursuant to paragraph (b) of this section, is the area bounded by 
straight lines connecting the following points in the order stated:

                  SNE/MA Yellowtail Flounder Stock Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
SNE1...........................  35[deg]00'            (\1\)
SNE2...........................  35[deg]00'            (\2\)
SNE3...........................  39[deg]00'            (\2\)
SNE4...........................  39[deg]00'           70[deg]00'
SNE5...........................  39[deg]50'           70[deg]00'
SNE7...........................  39[deg]50'           68[deg]50'
SNE8...........................  41[deg]00'           68[deg]50'
SNE9...........................  41[deg]00'           69[deg]30'
SNE10..........................  41[deg]10'           69[deg]30'
SNE11..........................  41[deg]10'           69[deg]50'
SNE12..........................  41[deg]20'           69[deg]50'
SNE13..........................  41[deg]20'            (\3\)
SNE14..........................   (\4\)               70[deg]00'
SNE15..........................   (\5\)               70[deg]00'
------------------------------------------------------------------------
\1\ Intersection of east-facing coastline of Outer Banks, NC, and
  35[deg]00' N. lat.
\2\ U.S./Canada maritime boundary.
\3\ Intersection of east-facing coastline of Nantucket, MA, and
  41[deg]20' N. lat.
\4\ Intersection of north-facing coastline of Nantucket, MA, and
  70[deg]00' W. long.
\5\ Intersection of south-facing coastline of Cape Cod, MA, and
  70[deg]00' W. long.

    9. In Sec.  648.88, revise paragraphs (a)(1) and (c) to read as 
follows:


Sec.  648.88  Multispecies open access permit restrictions.

    (a) * * *
    (1) The vessel may possess and land up to 75 lb (33.8 kg) of cod 
and up to the landing and possession limit restrictions for other NE 
multispecies specified in Sec.  648.86, provided the vessel complies 
with the restrictions specified in paragraph (a)(2) of this section. 
Should the GOM cod trip limit specified in Sec.  648.86(b)(1) be 
adjusted in the future, the cod trip limit specified under this 
paragraph (a)(1) shall be adjusted proportionally (rounded up to the 
nearest 25 lb (11.3 kg)).
* * * * *
    (c) Scallop NE multispecies possession limit permit. With the 
exception of vessels fishing in the Sea Scallop Access Areas in Sec.  
648.59(b) through (d), which are subject to the possession limits in 
Sec.  648.60(a)(5)(ii), a vessel that has been issued a valid NE 
multispecies possession limit permit is subject to the following 
possession restrictions:
    (1) The vessel shall retain all yellowtail flounder that meet the 
minimum size restrictions in Sec.  648.83(a)(1) and (2).
    (2) The vessel may possess and land up to 300 lb (136.1 kg) of 
regulated NE multispecies, excluding yellowtail flounder, when fishing 
under a scallop DAS allocated under Sec.  648.53, provided the vessel 
does not fish for, possess, or land haddock from January 1 through June 
30, as specified in paragraph (a)(2)(i) of this section, and provided 
that the amount of regulated NE multispecies onboard the vessel does 
not exceed any of the pertinent trip limits in Sec.  648.86, except 
yellowtail flounder, and provided the vessel has at least one standard 
tote on board.
* * * * *
[FR Doc. 2010-2015 Filed 1-29-10; 8:45 am]
BILLING CODE 3510-22-P